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Adams v. Shepherd Products, USA, Inc.

Supreme Court of Michigan
Dec 23, 1997
572 N.W.2d 13 (Mich. 1997)

Summary

holding that "the doctrine of judicial estoppel precludes plaintiffs from now maintaining that the court cannot decide the exemption issue based on the parties' stipulation of facts and joint exhibits" where "plaintiffs' [prior] position, whether express or implied, [was] that the joint stipulation of facts and joint exhibits could be the basis for the court's summary judgment ruling"

Summary of this case from First Commerce Corporation v. U.S.

Opinion

Docket No. 108654.

Leave to Appeal Denied December 23, 1997.


Court of Appeals No. 199681.


I would reverse the judgment of the Court of Appeals and remand the case to the Berrien Circuit Court for reinstatement of its previous judgment on the jury verdict of no cause of action. The jury determined that injury was not certain to occur. See Travis v. Dreis Krump Mfg Co., 453 Mich. 149 (1996).


I concur in the statement of Justice WEAVER.


Summaries of

Adams v. Shepherd Products, USA, Inc.

Supreme Court of Michigan
Dec 23, 1997
572 N.W.2d 13 (Mich. 1997)

holding that "the doctrine of judicial estoppel precludes plaintiffs from now maintaining that the court cannot decide the exemption issue based on the parties' stipulation of facts and joint exhibits" where "plaintiffs' [prior] position, whether express or implied, [was] that the joint stipulation of facts and joint exhibits could be the basis for the court's summary judgment ruling"

Summary of this case from First Commerce Corporation v. U.S.
Case details for

Adams v. Shepherd Products, USA, Inc.

Case Details

Full title:ADAMS v. SHEPHERD PRODUCTS, USA, INC

Court:Supreme Court of Michigan

Date published: Dec 23, 1997

Citations

572 N.W.2d 13 (Mich. 1997)
456 Mich. 907

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First Commerce Corporation v. U.S.

This court has applied judicial estoppel where the prior and current positions are inconsistent. See Adams v.…

Adams v. United States

United States v. Adams, 103 F.3d 120 (4th Cir. 1996) (Table) (unpublished opinion at 1996 WL 721890). The…